APA-Southeast, Inc. n/k/a Oldcastle Southern Group

September 27, 2012Judge Page

Denied / Government PrevailedContract Interpretation

APAC-Southeast, Inc. n/k/a Oldcastle Southern Group appealed the denial of its claim for additional costs related to a firm fixed-price contract. The Board granted the government's motion for summary judgment, denying the appeal.

Material Facts

The government awarded firm fixed-price Contract No. FA2823-04-D-0001 to APAC on 23 January 2004.
The contract included FAR 52.217-8 and FAR 52.217-9, which govern extensions of contract performance.
The government exercised the first option year on 14 March 2005 and the second option year on 21 December 2005, with no changes to the funded contract amount.
The government extended the second option year by three months on 21 December 2006 and further extended it by three months on 15 March 2007, again with no changes to the contract amount.
APAC submitted a claim on 23 August 2011 for $291,317.45, arguing that the contract duration was limited by FAR 52.217-9 to 36 months.
The CO issued a final decision denying APAC's claim on 4 January 2012, stating that the extensions were valid under FAR 52.217-8.

Parties

Appellant: APAC-Southeast, Inc. n/k/a Oldcastle Southern Group
Respondent Agency: Department of the Air Force
Contract Number: Contract No. FA2823-04-D-0001

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